PRINTER'S NO. 225
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
252
Session of
2021
INTRODUCED BY DiSANTO, PHILLIPS-HILL, L. WILLIAMS, MARTIN,
BARTOLOTTA AND YAW, FEBRUARY 22, 2021
REFERRED TO LOCAL GOVERNMENT, FEBRUARY 22, 2021
AN ACT
Amending Title 45 (Legal Notices) of the Pennsylvania
Consolidated Statutes, in legal advertising, providing for
methods for advertising.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 45 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
ยง 311. Methods for advertising.
(a) General rule.--Notwithstanding the provisions of this
title or any law or regulation to the contrary, whenever an
advertisement or notice is required by law, rule or regulation,
a local government unit shall satisfy the requirement by using
one of the following methods:
(1) a newspaper of general circulation as defined in
section 101 (relating to definitions), printed in the county
in which the local government unit is located;
(2) a newspaper printed in the local government unit, if
such newspaper exists;
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(3) a newspaper circulating generally in the local
government unit;
(4) a legal newspaper designated by the rules of court
of the county in which the local government unit is located
for the publication of legal notices and advertisements;
(5) the local government unit's publicly accessible
Internet website using hypertext markup language (HTML)
format or an equivalent language format;
(6) the publicly accessible Internet website of a
newspaper listed in paragraph (1), (2), (3) or (4), using
HTML format or an equivalent language format; or
(7) a locally circulated printed publication that is at
least four pages long, is issued on at least a weekly basis
and is distributed by audited carriers to all known addresses
within the local government unit.
(b) Legal journal requirement.--Use by a local government
unit of a method specified in subsection (a) to satisfy the
requirement to publish an advertisement or notice required by
law, rule or regulation does not relieve the local government
unit of the duty to publish in a legal journal if otherwise
required to by section 308 (relating to additional publication
in legal journals) or other provision of law.
(c) Requirements for advertisements.--Use by a local
government unit of a method specified in subsection (a)(2)
through (7) to satisfy the requirement to publish an
advertisement or notice required by law, rule or regulation
shall also require a local government unit to do the following:
(1) Post a copy of each advertisement or notice
prominently at the principal office of the local government
unit or at the public building in which the local government
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unit meets. In circumstances where advertisements or notices
are unable to be posted at the principal office of the local
government unit or at the public building in which the local
government unit meets, the county in which the local
government unit is located shall provide space for the
postings where the local government unit is responsible for
posting its advertisements or notices.
(2) Adopt a resolution declaring the local government
unit's intent to use one or more of the methods in subsection
(a)(2) through (7) to satisfy the requirement to publish an
advertisement or notice required by law, rule or regulation
prior to utilizing one of those methods. Should the methods
of advertising be revised or updated, the local government
unit shall declare its intent by a new resolution and
specifically identify the new methods of advertising.
Following adoption of a resolution under this paragraph, and
prior to publishing an advertisement or notice using the
methods specified in subsections (a)(2) through (7), the
local government unit shall publish notice in one or more
newspapers of general circulation within the jurisdiction of
the local government unit, announcing that advertisements and
notices will be made public using the alternative methods
selected by the local government unit.
(3) Retain a copy of the advertisement or notice for no
less than three years.
Section 2. This act shall take effect in 60 days.
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